2

I have converted to Islam 8 years ago but my husband does not hold the same religious beliefs. He is Sikh. I stopped all marital relations and it began to divide us greatly. He is rather prejudiced and even ignorant. I tried to make him understand but he wouldn't. I could not continue in that situation so I chose to leave him 3 years ago. It was not an easy decision to make but I wanted to move on with my life.

Last year, I met and fell in love with a good Muslim man. He knows about my past and has still accepted me wholeheartedly. We want to get married and start our own family.

When I left my ex I did not have any wish to meet someone so I did not file for a legal divorce. I was happy to just have my freedom. Now that I have filed for divorce, he is making it difficult.

Is there any way that we can have a nikah before the divorce is finalized? I am advised that it could take at least another two years before I can apply for non-consensual divorce (which in the worst case scenario can also be defended.) We have agreed that we can get legally married once my divorce has been finalized.

If it is possible, where would I go to have this ceremony performed?

Medi1Saif
  • 45,401
  • 13
  • 76
  • 201
Aisha S
  • 21
  • 2
  • 3
    Family Law depends on a country's rules. It would be better to contact some religious scholars in your country. According to my knowledge, if wife becomes a Muslim, the marriage is void if the husband does not want to covert to Islam. – Farhan Aug 01 '14 at 13:55
  • 1
    @AishaS As far as I know it is legal to marry the Muslim man, since marriage between a Muslim woman and a Shikh is not even acknowledged under Islamic law. You should still check to be sure though. But in any case, if you are planning to marry the Muslim man in the Islamic way without making it official right away...you should definitely obtain the right for divorce from the Muslim man before the Islamic marriage. What would happen if (for some reason) you wanted to get divorced before the marriage is made official and he refused to divorce you? – Artus Mar 03 '15 at 17:58
  • you should not forget quran 60:10 ... But give the disbelievers what they have spent. ... – qdinar Mar 11 '15 at 12:59
  • "modified 16 hours ago Community♦" but i do not see any new edits. – qdinar Aug 09 '15 at 07:46
  • Where do you live sister Aisha? – Atata Feb 05 '16 at 12:53
  • 1
    I'm voting to close this question as off-topic because the question requires a fatwa to answer. Islam.SE is not a fatwa site. – III-AK-III Jun 24 '17 at 11:41

3 Answers3

0

I am advised that it could take at least another two years before I can apply for non-consensual divorce

So it is not surely said. I think you should try to write to court again, maybe to higher court. Also mention that you have already been living separately for 3 years.

In case if your previous husband had changed his mind about his behaviours that you disliked and did proposed to you to live together and he will do as you like, I cannot say strictly that you should divorce only because he has another religion, because you married before you have become muslim.

In case you make nikah before civil divorce, you should not forget quran 60:10

... But give the disbelievers what they have spent. ...

qdinar
  • 978
  • 1
  • 12
  • 33
0

It's been almost 2 years since you posted the question. Are you still in the difficult situation or have been able find some solution?

Irrespective of the marriage under religious context, if you want to be recognised under any civil rule, no matter whichever country, for all the civil transactions including your passport, children education, or etc, it's always your valid document is the proof to show that you are legally married.

Ultimately your happiness matters. Try out the better ways to come over the difficult situations by simple ways and find some meaning in 'relationship based on love' apart from 'based on religion'.

user21821
  • 1
-1

Nikkah Cannot be done between muslim and non-muslim. so if your ex husband was non muslim so you were not in his nikkah and now you can do nikkah with your love according to islam. Civil Marriage Formalities are for government records.

atifaltaf
  • 46
  • 2
  • When living in a non-muslim country, practical life isnt as easy. Agreed by Islamic law her first marriage is void but as per civil law she may need a official document to get a new marriage certificate, update her passport, have document made in future for her children etc... hope you get my point. Salaam! – Ahmed Nov 01 '16 at 18:28